Frequently Asked Questions
FAQs regarding Auto Fraud Cases
What are my remedies if I was sold a previously wrecked vehicle?
If you have been sold a previously wrecked vehicle, you may be entitled to several remedies including a full refund of your money. In addition to your actual damages, the dealership may also be required
What rights do I have if I owe more on my trade-in vehicle that it is worth?
Oftentimes consumers are “upside down” on loans for vehicles which they wish to trade in when they purchase their new vehicle. In these situations, dealerships must disclose how the negative equity is calculated on the face of the Retail Installment Sale Contract or Motor Vehicle Lease Agreement. Usually this disclosure can be accomplished by properly completing the section of the contract entitled “Itemization of the Amount Financed.” In this section there are line items which refer to the agreed trade in value, “prior credit or lease balance” and “net trade-in.” If you find that these items were completed incorrectly, you may have rights provided by the Automobile Sales Finance Act or the Vehicle Leasing Act.
What is Odometer Fraud?
Misrepresentation of the actual mileage of a vehicle is illegal. If someone has tampered with the odometer, if someone has replaced the odometer and failed to provide the required notice on the vehicle or if the odometer has rolled through all the digits and started over, you may have certain rights that protect you if the retailer failed to inform you of these conditions.
How do I determine whether I have been sold a vehicle with an incorrect odometer reading?
The Department of Motor Vehicles in California maintains records which contain a report of the mileage each time a vehicle is smogged or sold. By reviewing these records, as well as the time line, it is often possible to spot a discrepancy in the mileage. In addition, on-line companies such as carfax.com, consumerguide.com and autocheck.com will, for a fee, provide you with a history of the vehicle’s ownership. Interviewing previous owners and inspecting the mechanical condition of the vehicle
FAQs re Stock Fraud:
Q: What is an arbitration clause?
A: Most securities brokerages will have you sign a standard “new account” form with an arbitration clause that requires you to file a complaint through arbitration proceedings instead of filing an action in court.
Q: What is arbitration?
A: Arbitration is like a trial but there is no judge or jury but instead you get a panel of arbitrators who decide the case. The panel hears the arguments and evidence and then renders a binding decision. The arbitrators generally include at least one professional familiar with securities law and two laypersons. The panel may include accountants, attorneys, sales representatives, bankers, educators, retired judges and other professionals. Arbitration is faster and cheaper than civil court. It takes about one year to get a hearing.
Q: Who conducts the arbitration proceedings?
A: The three main forums for resolving securities arbitration disputes are the The American Arbitration Association, The New York Stock Exchange and The National Association of Securities Dealers, Inc.
Q: Where is the arbitration proceeding held?
A: Arbitrations take place in every state around the country.
Q: How much to file a request for arbitration?
A: The filing, administrative and hearing fees vary from state to state depending upon the amount of your claim. greater your filing and administrative fees will be.
Q: What other costs are involved?
A: Our initial consultation is free. We charge for expenses incurred in preparing for mediation and/or arbitration including expert witnesses who have to be retained to testify at the hearing. your behalf. Our fees are on a contingency basis; if you don’t win, you pay no legal fees. If you win, we are paid a percentage of the award.
FAQs re Unfair Debt Collection
Unfair Debt Collection Practices FAQ
What rights do I have when a debt collector or creditor is trying to collect money from me?
Your rights are protected under the Fair Debt Collection Practices Act. Review these frequently asked questions for an overview of what a debt collection agency or creditor legally can, or can not do, in their efforts to collect money from you.
Can I stop a debt collector from contacting me?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again, except to tell you there will be no further contact, or to notify you that the debt collector, or the creditor intends to take some specific action. Sending a letter to a debt collector that you actually owe money to will not get rid of this debt, however. You could still be sued by the creditor or collection agency.
May a debt collector contact anyone else about my debt?
The debt collector must contact your attorney, if you have one, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Also, collectors are only allowed to contact a third party once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. However, a debt collector may not disclose to anyone other than you or your spouse, anything about the alleged debt.
May a debt collector contact me at work?
Initially, yes, but if you tell them (orally or in writing) that you are not allowed to get calls at work, they may NOT call you back at work.
Automobile dealerships must inspect used cars prior to sale. If the dealership finds material damage, that damage must be disclosed. If a consumer asks the dealership directly whether a vehicle has had any collision damage, the dealership’s representatives must answer truthfully. If prior accident damage is not properly disclosed, the consumer may be entitled to return the vehicle and receive a refund. If you begin to notice irregularities in the appearance or performance of your vehicle, those irregularites may be signs of a previous accident. Common examples include over-spray paint on portions of the vehicle, panels that do not line up or fit correctly and doors or trunk lids that do not close properly, accelerated or uneven tire wear and front end pulling. There are many ways to confirm that the vehicle was in an accident. You can research the vehicle’s history or you can have a qualified paint and body mechanic conduct a physical inspection of the vehicle.
Can I dispute a debt at anytime?
Yes, you can dispute any aspect of the alleged debt, orally or in writing and at any time. Also, if you do dispute the debt and the collector reports to credit reporting agencies, they must list the debt as “disputed” on your credit reports.
If I Believe A Debt Collector Has Violated The Law, What Can I Do?
You have the right to sue in a state or federal court within one year from the date the law was violated. You may recover money for the damages you suffered including emotional stress. Also you can sue for statutory damages up to $1000 if you prove a violation under the law. Finally, court costs and attorney’s fees can be recovered. A group of people also may sue a debt collector and recover money for damages.
Is there specific information the debt collector must tell me about the debt?
The collector must send you a written notice telling you the amount of money you owe within five days after you are first contacted. This information must include the name of the creditor to whom you owe the money, and how to proceed if you believe you do not owe the money.
Can a debt collector continue to contact me if I believe I do NOT owe money?
A collector may NOT contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent actual proof of the debt, such as a copy of a bill for the amount you owe.
What types of debt collection practices are not allowed?
HARASSMENT
Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
use threats of violence or harm;
- Publish a list of consumers who refuse to pay their debts (except to a credit bureau);
- Use obscene or profane language
- Repeatedly use the telephone to annoy someone.
- Call before 8AM or after 9PM
FALSE STATEMENTS
Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
- Tell you that they are attorneys or government representatives, when in fact, they are not
- Falsely imply that you have committed a crime;
- Misrepresent that they operate or work for a credit bureau ;
- Misrepresent the amount of your debt;
- Indicate that papers being sent to you are not legal forms when they in fact, are;
- State that you will be arrested if you do not pay your debt;
- Threaten to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is a legal action;
- Threaten that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
In addition, debt collectors may not:
- Give false credit information about you to anyone, including a credit bureau.
- Send you anything that looks like an official document from a court or government agency and is not an official document.
- Use a false name in their attempts to collect your debt.
UNFAIR PRACTICES
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- Collect an amount that is greater than your debt, unless your state law permits such a charge
- Deposit a post-dated check early or use deception to make you accept collect calls or pay for telegrams;
- Take, or threaten to take your property unless this can be done legally, or contact you by postcard
Identity Theft FAQ
How does a thief get the information he/she needs to steal my identity?
Information can be stolen from a consumer in a variety of ways including;
- Going through your mail or trash to take pre-approved credit card offers, discarded credit card receipts or other personal information;
- Stealing your purse or wallet;
- Calling you on the phone, posing as a solicitor in order to gain personal information including your name, date of birth, social security number;
- Looking over your shoulder at an ATM while you are accessing your account, to steal your account number and password or pin.
How will I know if I am a victim of identity theft or fraud?
- Your credit card statements show unauthorized charges and/or purchases that you know you did not make;
- You fail to receive bills or credit card statements for charges you have made, when in the past you received them at the same time each month;
- You are receiving phone calls from creditors trying to collect debts that are not yours.
What can I do if I am a victim?
- Contact our office(s) for help;
- Order copies of your credit reports from all 3 credit reporting agencies to get as much information as possible;
- Contact the credit reporting agencies in writing and let them know that you are disputing specific inaccurate items in your credit report due to possible identity theft. Under the FCRA, they must investigate, and ;
- Contact the credit card companies who are reporting the false debt and have them investigate due to possible identity theft.
- Keep copies of all letters and document phone calls. Request a letter from the agencies that states these items are under investigation.
How can I protect myself from identity theft?
- Do not carry important documents such as your social security card, birth certificate or passport with you unless absolutely necessary;
- Only keep a few credit cards in your purse or wallet when shopping;
- Keep a list of your credit card account numbers, with expiration dates and telephone numbers. Do the same for all your bank accounts. In an emergency, you can notify these companies quickly to stop fraudulent charges or purchases.
- Always take credit card receipts for all purchases and store in a safe place, or dispose of by shredding, not by throwing away in a public trash container;
- Invest in a shredder and shred all items including discarded credit card and bank statements, old receipts and utility bills, and new credit card offers you receive in the mail;
- Use a mix of letters and numbers, not personal information such as your birth date, last four digits of your social security, or mother’s maiden name when creating passwords and PIN’s for important accounts. Do not store these in your purse or wallet!
If you think you are the victim of identity theft, contact our office for more information on how to proceed. Specific actions must be taken by the CRA’s and your creditors under the Fair Credit Reporting Act. If these actions are not taken, legal assistance can make certain you are treated fairly and receive all that you are entitled to.